|
|
The unwilling or unable doctrine and its development in international law
Matoušková, Anna ; Faix, Martin (advisor) ; Bílková, Veronika (referee)
The unwilling or unable doctrine and its development in international law Abstract The unwilling or unable doctrine represents a response of the international community to the increasing presence of non-state actors in international relations. According to this doctrine, a state who suffers an attack by a non-state actor is entitled to intervene in the territory of the state where this non-state actor finds its harbour, given that this state is unwilling or unable to tackle the threat alone. This, in turn, means that the harbouring state must endure an intervention by the attacked state on its territory, even though the harbouring state has not resorted to the use of force itself - the action of the non-state actor is not attributable to it. This thesis first pays attention to the concept of self-defence, in terms of its two equivalent content sources - customary and contractual international law. Both of these sources set certain (pre)conditions for the exercise of the right to self-defence. In the case of customary law, these are conditions of necessity, proportionality and immediacy. The UN Charter then determines one further precondition for exercising the right to self-defence - the existence of a previous armed attack. Given that the unwilling or unable doctrine is a specific example of how states...
|
|
|
The "unwilling or unable" doctrine and the right of self-defence against non-state actors
Syvulja, Nela ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
The "unwilling or unable" doctrine and the right of self-defence against non- state actors ABSTRACT For several decades, the fight against international terrorism has been a major challenge for the entire international community. States try to fight these non-state actors in various ways. One of them is trying to neutralize a non-state actor in the territory of the state in which this actor has settled and from which he is preparing and coordinating his attacks. States often invoke the right to self-defense in the case of such actions, stating that the state in whose territory the non-state entity is located is unable or unwilling to deal with it on its own. This paper is devoted to the right to self-defense against non-state actors and the emerging doctrine of "unwilling or unable". The paper is divided into an introduction, four main chapters and a conclusion. The first chapter is devoted generally to the prohibition of the use of force and the threat of force. The second chapter deals with the right to self-defense. First, attention is paid to the right to self-defense in general, where an armed attack is discussed in more detail. Subsequently, a restrictive and extensive approach to the right to self-defense is presented. Attention is then paid more to the preemptive and preventive self-defense and the...
|
guest ::
